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This submission is presented by the National Executive of the New Zealand Deerstalkers’ Association Incorporated, here and after referred to as NZDA, and by the term “the Association”.
It is a considered response to proposals made in sections 2.1 – 4.4 (p. 14-32) of the document entitled “Options for Establishment of the New Zealand Game Animal Council” dated September 2009, issued by the Establishment Committee appointed in respect of the proposed entity. The document to which this submission responds will here and after be referred to as the ECDD.
The submission represents the view of the National Executive, and also stands as a statement of the corporate position and opinions of the 54 branches, and the 7,700 members of all of those branches within the Association. The submission also advocates in the interests of 7 hunting clubs with a combined total of 1,000 members, which are officially affiliated with NZDA.
In addition, all branches and individual members of the Association have been encouraged to send their own regionally focused submissions to the establishment committee. Branch and individual members’ views expressed in any such submissions are considered by the National Executive to be complementary to, and supportive of, the national focus of this submission. Branch and member submissions may display variation in respect of points of opinion and support for such opinions as they include. The Association urges the establishment committee to read and analyse this submission and those of NZDA’s branches and individual members as a heterogeneous, but inter-related body of community response to this process. It strongly discourages the analysis of all NZDA submissions as a single response within a formal analysis of submissions process.
Section 2 outlines a case in support of the appointment of two NZDA representatives to the new game animal council. This case is illustrated with examples of the physical, social and intellectual contributions the Association makes to the outdoor recreation community throughout New Zealand, as well as to the lives of its members.
Section 3 records the Association’s collective responses to questions 1 – 7, posed on page 36 of the ECDD, as well as an analysis of views of senior members and past presidents, expressly elicited by the Executive to inform this submission.
Section 4 provides addenda to be read with questions 4 and 6, and an addendum on matters and issues the Executive wishes to see reflected adequately in the drafting of enacting legislation for the council.
NZDA’s corporate position and recommendations on the proposal for a game animal council have been informed by:
NZDA fully appreciates that further input will be sought from the Executive and branches, at the point when any enabling legislation reaches its second reading before a select committee, or any special committee(s) appointed to examine such bills as are drafted.
We have focused here on addressing the seven questions of section 6 of the ECDD, providing advice and recommendations to support establishment of the new game animal council, and the drafting of appropriate law for that purpose. We have chosen not to focus on operational and strategic matters a new council may deal with once established.
NZDA welcomes the proposal in the ECDD (S2.8.4) that the Association should nominate two of the council positions representing recreational hunters on a new game animal council. NZDA believes it has earned this opportunity by virtue of its 72 year record of delivering a wide range of services and offering a range of benefits to its membership. It regards itself as New Zealand’s premier recreational hunting organisation and sees real benefit in being able to offer its physical, social and intellectual resources, and members’ expertise and experience to the new council.
Besides its large membership noted in section 1 of this submission, NZDA offers the following points about its physical resources, which already provide benefits for members and the general public:
Nationwide, NZDA enjoys the patronage of many skilled volunteers who provide essential training and development services to the outdoor recreation community. They include:
International and national organisations on which NZDA is represented by one or more members include:
Regional committees and trusts in which NZDA is heavily involved include:
The Association expects many of these resources will assist and even stimulate the growth of the new council. However, it insists that NZDA will continue to grow, and differentiate itself from the new council. Members do not wish to see the new council competing with NZDA in delivering crucial services to hunters, nor do they want duplication by the council of important functions their Association subscriptions already pay for.
Notwithstanding this assertion, the Association endorses the proposal that NZDA should nominate two of the council positions representing recreational hunters.
This section contains two quite different responses to the content of the discussion document.
Subsection 1 records the collective response of the National Executive to the seven questions posed in section 6 of the ECDD. Subsection 2 provides a brief qualitative and theme based analysis of views held by senior members and past presidents of NZDA, pertaining to the document as a whole, and including the committee’s proposal.
The tabulation of views in each subsection are in no way related and have not been analysed as a whole in any way. The Association expects therefore, that no combinatory qualitative or quantitative analysis of both subsections as a whole should be applied by the establishment committee when considering our corporate view.
The answers provided here are borne out of motions proposed and carried at our Executive meeting of 12 November 2009. All motions were passed either with a majority in support, or with the entire compliment of Executive members present in support of them. Thereby, we consider the answers to stand as the view of the Executive representing the membership electing it.
Answers are reported according to the motions delivered at the meeting.
QUESTION ONE
NZDA agrees with, and supports the use of the name “New Zealand Game Animal Council”. We concede willingly that the use of the term “hunting” in the name would not necessarily reflect the diversity of interests in game animals current in New Zealand society. We accept that what may unite all proposed representatives are the various values we all place on deer and other game, not hunting itself.
We also accept, though less willingly, that such interests as farming, indigenous conservation, and forestry may have legitimate rights of representation on a council designed to administer wild and managed animal resources. Such other interests may perceive themselves as alienated if “hunting” is mentioned in a new council’s name.
QUESTION TWO
NZDA agrees with the recommendation made by the committee that DOC should continue to identify, via public processes, priority areas where deer, tahr, chamois and wild pigs need concerted control for conservation purposes. We believe strongly however, that outside these areas (which should be few), the game animal council should manage these species for the benefit of hunters primarily, and other interests secondarily.
NZDA expects new legislation establishing the council and consequential amendments to the Wild Animal Control Act will ensure only high priority conservation areas containing very sensitive indigenous biodiversity, will be excluded from year round access. We specifically do not want to see DOC handing over areas it deems suitable, and holding onto others which may also be suitable but which are favoured for other uses by elements and opinions internal to the department.
We further suggest:
A final note on this question is that NZDA wishes to see hunter participation in control of animals for conservation purposes increased under this proposed council. We will happily assist the establishment committee with further ideas on how this might be achieved, in the event the proposal goes further.
QUESTION THREE
NZDA believes the new council should report to one lead Minister, and this should be the Minister of Conservation. Our proposal in S4.1 would allow relationships to flourish with other Ministers if the council is a Crown agent or autonomous entity, but the Conservation Minister’s mandate appears to us to stand above all others where wild game are concerned.
The Association also strongly recommends that the committee investigates how enabling legislation could be drafted to empower the council to establish instruments and staffing capability, for conflict resolution and mediation of disputes. We believe this matter is not dealt with clearly in the ECDD and note that no mention is made of conflict resolution, arbitration, or lower level mediation capability in the resourcing section (S4.1) of the proposal. We are aware through long experience that conflict resolution and mediation of disputes are endeavours lying at the heart of animal management. We see them as crucial foundation functions of a new council and matters germane to the drafting of any new statute establishing it.
We recommend to the committee that it publishes more detail about how it will advise the Minister on these matters before any bill is drafted, and especially before its first reading by the House of Representatives.
QUESTION FOUR
NZDA fully supports the proposal that the new council should be a single national organisation rather than a regionally based one. Our alternative view, expressed in S4.1 of this submission, is provided to widen the discussion about precisely what kind of national entity, the council should be. We believe the Fish & Game New Zealand (F&G) national council model, though robust, may not be the only option and would be happy to provide further advice and suggestions in support of our alternative.
NZDA also recommends the committee endorses decision making by majority, rather than by consensus in its advice to the Minister. We cannot see how consensus voting would work in a council with such diverse and often opposite interests.
QUESTION FIVE
On the whole, NZDA agrees with the proposals for stakeholder representation on the committee. We would however, support the removal of Federated Farmers, a scientific representative, and the conservation NGO’s seats as proposed in the ECDD.
We note that only regional representatives are proposed to speak for pig hunters and helicopter operators. We would prefer that the committee does its best to encourage interested members of these communities to form national bodies which could speak with a national voice more credibly. We suggest the committee advises the Minister on this point also, rather than deferring to local regional interests operating at present.
QUESTION SIX
NZDA supports the designations proposed for new schedule changes to the Wildlife Act 1953 and thereby, the names proposed for different classes of animals which might appear in new schedules. Our detailed addendum on this question in S4.2 of this submission, provides further suggestions about how the Wildlife Act could be amended to accommodate new schedules and how a new act for the council could allow it to embrace these changes.
QUESTION SEVEN
NZDA supports several of the funding streams proposed in the ECDD. We will support a charge for hunters entering any registration schemes but will not support council imposed charges for hunting permits.
We believe that permit holders who declare themselves to be unaffiliated could be registered as electors for unaffiliated representatives on a new council, if election of some or all councillors is finally adopted.
We would also suggest the committee researches and then provides advice to the Minister on the matter of profit margins obtainable on meat taken in wild animal recovery operations. We suggest profits already being made from such operations may justify a levy to support the functions of the council.
3.2 THE VIEWS OF SENIOR MEMBERS
This submission process has attracted enormous interest from members around the country, and especially of senior members and former office holders of NZDA. To capture this interest, the National President issued an invitation early in November to any elders and former presidents of the Association with long experience of game animal politics and management to send their views to the Executive. The President felt strongly that such views may inform and help to direct the view of the Executive in this submission.
A small number of submissions were received, including those of three former presidents and several members of high standing.
We include a simple qualitative theme based analysis of the views expressed in these submissions in table 1.
The themes are tabulated in their order of importance, and the relative weight given to them by submitters.
We found they were instructive to us in forming our own view, and showed that the ECDD was well and carefully read by members who may yet contribute more to the development of the new council.
Table 1
Views of senior members of NZDA analysed by theme.
|
Theme: |
Specific concern or observation. |
|
Representation and governance: |
High number of farming representatives proposed may disadvantage recreational hunters. |
|
Several proposed representatives have nothing to do with sport of hunting, or with wild animal management. | |
|
Farming interests may gain too much influence through a deer farmers’ representative and a Federated Farmers’ representative. | |
|
How and why unaffiliated hunters should be represented on the council is unclear and therefore is of concern. | |
|
Conservation NGO’s seat should not automatically go to Forest & Bird; other candidate organisations may be more suitable. | |
|
17 on the council is too many. | |
|
Some candidates may seek appointment for personal gain, not for the good of sport. | |
|
Any scientist appointed must be a credible wildlife biologist with empathy for hunting and the value of game as a resource. | |
|
Business and mandates: |
Conflicts between commercial and farming interests, and recreational interest on council may compromise and derail council’s business and compromise impact. |
|
Any processes adopted other than election of councillors may diminish its popularity and credibility with hunters. | |
|
Council may end up being in direct competition with NZDA in delivering hunter training courses, competitions, and hunts. | |
|
If the council has no mandate to operate on private lands, private land owners should have no say in how wild animals are managed outside their own lands. | |
|
The council may inadvertently become a means of legitimising helihunting at the expense of recreational hunters. | |
|
Compliance and law enforcement liaison function must be part of the core functions of the council. | |
|
The council may be duplicating what NZDA does already. | |
|
Congruence with NZDA values: |
Joining the council may compromise and go against long established NZDA policy. |
|
Compulsory charges for game management may result in adverse reaction from NZDA members. | |
|
National governance may not uphold regional uniqueness of special herds and hunting clubs who help to manage those who hunt them. | |
|
NZDA members may object to paying for what they have enjoyed for nothing, for so long. |
This section contains detailed proposals and recommendations in respect of questions 4 and 6 of the ECDD. It also contains a special addendum on matters the Association expects the establishment committee to consider when advising Ministers on the drafting of founding legislation for the council.
Section 3.1.1 of the discussion paper appears to opt for a model of establishment, similar to that of the National Fish & Game Council, under part 5A of the Conservation Act 1987.
Having investigated this matter in some depth the Association believes a better model is available as follows:
Precedents for councils established under their own acts with wide statutory powers include:
Advantages of this proposal include:
The three acts which established viable statutory entities mentioned above are useful models for the game animal council establishment legislation. They are wholly more instructive and enabling than part 5A of the Conservation Act, and may deliver a more flexible and more efficient council than F&G currently is.
Models of statutes and sections of statutes we believe worthy of the Minister’s further scrutiny are listed in table 2 below.
Please note: Acts referred to as models in the table below are abbreviated as follows:
AACA - Alcoholic Advisory Council Act
ACA - Arts Council Act
HRCA - Health Research Council Act.
Table 2
Proposals and models for new game animal council establishment act.
|
Proposed section title: |
Model act: |
Model section. |
|
Purpose: |
ACA and HRCA |
S4. |
|
Principles: |
ACA |
S5. |
|
Primary objective: |
AACA |
S7. |
|
Functions |
AACA |
S8. |
|
HRCA |
S6. | |
|
Powers: |
AACA |
S9. |
|
HRCA |
S7. | |
|
Membership: |
AACA |
SS3 and 3A. |
|
HRCA |
S8. | |
|
Establishing committees: |
HRCA |
SS13 and 15. |
|
Principal functions of committees: |
HRCA |
SS 14 and 16. |
|
Membership of committees: |
HRCA |
S20 especially but also SS 23 and 26 for helpful generic guidelines. |
|
Strategic plan required: |
ACA |
S10. |
|
Exemption from income tax: |
ACA |
S12. |
|
HRCA |
S39. |
NZDA sincerely hopes the establishment committee takes legal and policy advice from The Crown Law Office, Treasury and specialists in The Office of the Controller and Auditor General, in respect of this case for a new crown entity before preparing a view based on it for the Minister of Conservation and his Associate Minister.
NZDA believes this is a strong, well-argued case for a new entity with a more sophisticated legislative mandate than was attainable at the time F&G’s national council was established 20 years ago.
Proposals for changes to schedules and amendments to the principal act with further suggestions on supporting provisions in a new council act.
Section 3.1.2 of the ECDD contains a short discussion about changes to the classification of wild animals, which may be required if a new council is established by statute. Such changes will be achieved principally by amendment to the Wildlife Act 1953 and we fully understand that a new council act will have little influence over this separate process.
NZDA has long held concerns over the status of wild game animals valued by its members under the Wildlife Act. We welcome this opportunity to provide recommendations and suggestions on ways of improving this antiquated piece of law.
We offer our support in our answer to question 6 for the new names proposed for classes of game animals by the establishment committee. We offer the following suggestions on changes and improvements to the Wildlife Act, achievable through amendment of the same, and through innovations in a new council act which support and extend our answer.
We suggest:
We would like to suggest:
NZDA fully understands that this process is designed so submitters can provide the committee with views which may inform the establishment of a council, rather than direct the council itself. We also appreciate and have responded to the challenges posed by the drafting and scrutiny of one or more bills, which will be required to erect and protect the authority of the council.
Yet, where submissions processes are public, the drafting of laws in New Zealand is not. NZDA accepts that this is the time to provide its view on what should appear in any new bill(s), and how different matters should be treated by advisors and drafters. We may not have any formal opportunity to interact with those engaged in drafting and offer the following views for their benefit, as well as for the committee’s benefit.
NZDA wants to see a substantial section on principles which guide the new council’s strategic and operational interactions in new legislation. We would expect a new bill to include objects, purposes, and especially principles upholding:
NZDA would especially like to see provisions in a new council bill which clearly guide the production of game animal management plans. We have concerns that previous regulations and attempts at law reform have allowed game farmers and estate owners to capitalize on the quality of the wild game resource through live capture operations, in order to sustain and improve their own stock. We are also concerned that feral ranges should be protected as they are and not altered, to an extent where game animals may induce conflicts between land owners and hunters as they currently do occasionally because of range extension and illegal releases. We would expect any part of the founding legislation dealing with management plans to be at least as comprehensive as sections in part 3A of the Conservation Act, and to permit plans similar to those generated from this statute.
NZDA wants to see sections in a new council bill which establish compliance and law enforcement, and a law enforcement liaison function and attendant powers within the new council. We cite part 5A of the Conservation Act as a useful parallel and in this matter at least, we agree that F&G’s model may be a useful one to follow. Such inclusions would necessarily require consequential amendment of the Wild Animal Control Act, the Reserves Act, and the National Parks Act, which is long overdue in our view.
These suggestions are deliberately generic, but we are happy to provide more detail as in other addenda in this submission if the committee invites further submissions.
Finally, we want to publicly affirm our support in principal for the new proposal, having full regard to all our recommendations, advice, and suggestions.
We look forward to working with the establishment committee, the Minister and his Associate Minister, to consolidate and advance this proposal in the near future.
© 2011 New Zealand Deerstalkers' Association